.....................................................................

(Original Signature of Member)

113TH CONGRESS
2D SESSION
H. R. ll
To direct the Secretary of the Treasury to establish a program to reimburse
States and political subdivisions of States for expenses related to the
presence of aliens having no lawful immigration status, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
Mrs. ELLMERS introduced the following bill; which was referred to the
Committee on llllllllllllll
A BILL
To direct the Secretary of the Treasury to establish a pro-
gram to reimburse States and political subdivisions of
States for expenses related to the presence of aliens
having no lawful immigration status, and for other pur-
poses.
Be it enacted by the Senate and House of Representa- 1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the Accountability in For- 4
eign Aid Act of 2014. 5
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SEC. 2. REIMBURSEMENT FOR STATES AND POLITICAL 1
SUBDIVISIONS. 2
(a) IN GENERAL.The Secretary of the Treasury 3
shall establish a program for the purpose of reimbursing 4
States, and political subdivisions of States, for expenses 5
required to be incurred and related to the presence within 6
the geographical area of the State or political subdivision 7
of aliens having no lawful immigration status in the 8
United States. 9
(b) EXPENSES DESCRIBED.The expenses described 10
in subsection (a) shall include expenses such as the fol- 11
lowing: 12
(1) Public elementary and secondary education. 13
(2) Incarceration and detention. 14
(3) Public benefits described in section 411(b) 15
of the Personal Responsibility and Work Oppor- 16
tunity Reconciliation Act of 1996 (8 U.S.C. 17
1621(b)). 18
(c) EXCEPTIONS.Expenses are not reimbursable 19
under this section if the Secretary of the Treasury deter- 20
mines that 21
(1) the State or political subdivision has failed 22
to submit sufficient documents, statements, or 23
records necessary to support the request for reim- 24
bursement; 25
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(2) the State or political subdivision otherwise 1
has been substantially compensated for the expenses; 2
or 3
(3) such compensation will be forthcoming in a 4
reasonable period of time. 5
(d) PUBLIC ELEMENTARY AND SECONDARY EDU- 6
CATION. 7
(1) IN GENERAL.Compensation for a local 8
educational agency under subsection (b)(1) shall be 9
based on 10
(A) the number of children having no law- 11
ful immigration status in the United States who 12
were in average daily attendance during the 13
preceding school year at the schools of such 14
agency and for whom such agency provided a 15
free public education; multiplied by 16
(B) the average per-pupil expenditure of 17
the State in which the local educational agency 18
is located. 19
(2) DEFINITIONS.For purposes of this sub- 20
section, the terms average daily attendance, av- 21
erage per-pupil expenditure, free public edu- 22
cation, and local educational agency have the 23
meanings given such terms in section 9101 of the 24
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Elementary and Secondary Education Act of 1965 1
(20 U.S.C. 7801). 2
(e) INCARCERATION AND DETENTION.Compensa- 3
tion under subsection (b)(2) shall be the average cost of 4
incarceration of a prisoner in the relevant State, as deter- 5
mined by the Attorney General. 6
(f) APPLICATIONS. 7
(1) STATE APPLICATIONS.A State desiring to 8
receive reimbursement for expenses required to be 9
incurred by the State and related to the presence 10
within the geographical area of the State of aliens 11
having no lawful immigration status in the United 12
States shall submit an application for such payment 13
to the Secretary of the Treasury. Such application 14
shall be submitted not later than September 30 of 15
each year. 16
(2) LOCAL APPLICATIONS.A political subdivi- 17
sion of a State desiring to receive reimbursement for 18
expenses required to be incurred by the political sub- 19
division and related to the presence within the geo- 20
graphical area of the political subdivision of aliens 21
having no lawful immigration status in the United 22
States shall submit an application for such payment 23
to the State. Subject to verification (as determined 24
necessary by the State), the State shall include such 25
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local expenses in the State application submitted 1
under paragraph (1). The Governor of the State 2
shall establish deadlines for the submission of local 3
applications under this paragraph, and shall dis- 4
tribute all funds received from the Secretary of the 5
Treasury on behalf of a political subdivision of a 6
State to the political subdivision. 7
(g) INSUFFICIENT APPROPRIATIONS. 8
(1) IN GENERAL.If the amount made avail- 9
able to carry out this section for a fiscal year is in- 10
sufficient to pay the full amount determined by the 11
Secretary of the Treasury to be due to all States for 12
the year, the Secretary shall ratably reduce the pay- 13
ment to each State. 14
(2) RESUBMISSION.If a State or political sub- 15
division of a State does not receive reimbursement 16
for any expense due to a reduction made under 17
paragraph (1), the State or political subdivision may 18
resubmit documentation for the succeeding fiscal 19
year demonstrating the validity of the claimed 20
amount and that the amount has not yet been reim- 21
bursed from any other source. 22
(h) CONFIDENTIALITY OF INFORMATION. 23
(1) IN GENERAL.In carrying out this section, 24
the Secretary of the Treasury shall not 25
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(A) make any publication whereby the in- 1
formation furnished by any particular alien can 2
be identified; or 3
(B) permit anyone other than the sworn 4
officers and employees of the Department of the 5
Treasury to examine individually identifiable in- 6
formation. 7
(2) IMMIGRATION OFFICIALS.Except as pro- 8
vided in this subsection, the Secretary of Homeland 9
Security, the Attorney General, the Secretary of 10
State, any other official or employee of the Depart- 11
ment of Homeland Security, the Department of Jus- 12
tice, or the Department of State, or any bureau or 13
agency thereof, shall not use information collected or 14
furnished in support of requests for reimbursement 15
under this section for any purpose. 16
(3) REQUIRED DISCLOSURES.The Secretary 17
of the Treasury shall provide the information fur- 18
nished under this section, and any other information 19
derived from such furnished information, to a duly 20
recognized law enforcement entity in connection with 21
a criminal investigation or prosecution of fraud or 22
other malfeasance under this section, when such in- 23
formation is requested in writing by such entity. 24
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(i) VERIFICATION OF IMMIGRATION STATUS OF 1
ALIENS.Notwithstanding any other provision of law, 2
when used for purposes of establishing or demonstrating 3
eligibility for reimbursement under this section, the head 4
of each State or local public agency that incurs costs in 5
connection with a benefit or service provided to an alien 6
may use the immigration status verification system of 7
such agency or the Systematic Alien Verification For Enti- 8
tlements Program (SAVE) of the Department of Home- 9
land Security to determine the immigration status of such 10
alien. 11
SEC. 3. TRANSFER OF FUNDS. 12
15 percent of any discretionary amounts made avail- 13
able for each of fiscal years 2016 through 2021 for the 14
Department of State, Foreign Operations, and Related 15
Programs (other than amounts made available for Bilat- 16
eral Economic AssistanceFunds Appropriated to the 17
PresidentGlobal Health Programs and Department 18
of StateNonproliferation, Anti-Terrorism, Demining 19
and Related Programs) for foreign assistance shall be 20
made available to the Secretary of the Treasury to carry 21
out section 2 of this Act for a 90-day period beginning 22
on the date of the enactment of each Act appropriating 23
such amounts. 24
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